Thanks to Nora, I recently became acquainted with some pending California legislation which, if passed, would bring much-needed awareness and resources to address the issue of high rates of victimization among individuals with disabilities, especially in cases of sexual abuse and domestic violence. Assembly Bill 2038, known as the Crime Victims with Disabilities Act, was introduced by CA State Assemblywoman Sally Lieber of the 22nd District in 2008, and responds to the increased risks that people with disabilities face for being victims of crime. The bill also allocates resources for new programming, such as police training, in order to address the needs of this population statewide.

Overall Legislative Intent:
In many ways, AB 2038 seeks to expand already existing California law to cover people with disabilities across the life spectrum who are victims of crime, abuse and/or neglect. In addition, the bill creates advanced training programs for law enforcement officers to respond to the often complex situations in which a person with a disability may be experiencing abuse and/or neglect. New models for investigation and prosecution of cases involving crimes against people with disabilities will also be developed under this bill, which would better address the needs of people with disabilities and their families. With respect to public awareness and improved research, AB 2038 was written with the intent to establish a work group or think tank on the victimization of people with disabilities, commence research studies within this area, and make recommendations pursuant to the findings of the work group.

Women with Disabilities:
According to the text of this bill, approximately 8 in 10 women with disabilities and 4 in 10 men with disabilities have been sexually abused in the State of California. The CA State Council on Developmental Disabilities calls this abuse and other crimes against people with disabilities an “invisible epidemic,” which truly encapsulates the constant struggle of people with developmental, intellectual, cognitive, and/or physical disabilities in the United States who often endure great pains and injustices in order to make themselves heard and to become visible within a public discourse from which they are consistently left out. Generally, women in society are at an increased risk of violence and sexual assault when compared to men. For women with disabilities, this risk can often be much greater than their non-disabled female counterparts due to several factors such as their perceived or real increased vulnerability by perpetrators and diminished status, agency and power in various settings.

One of the most critical components of this problem, violence and abuse of women with disabilities, is the lack of research on the issue. Historically, women and girls with disabilities have been almost completely excluded from most health research, and the complex issue of violence and sexual abuse against women with disabilities has received little public attention, which has of course resulted in few funding dollars and low public awareness. Nationally, the percentage of women and girls with disabilities who have experienced sexual abuse and/or assault has been reported on a wide-range scale resulting at 60% from some studies, and reaching as high as 90% in others.

Among a whole host of other proposed measures, AB 2038 will better address the needs of women with disabilities who are victims of violent and/or sex crimes by mandating that all sexual assault and violence prevention education protocols, such as those implemented at crisis centers, community-based service provider agencies, and police units, include information relating to these crimes against people with disabilities. In addition, the increased and improved training, investigation, and prosecution models mentioned above will hopefully raise awareness among law enforcement, ensure the civil rights of people with disabilities who are the victims of crime, and increase the likelihood that these individuals will be treated with respect and dignity. The bill also expands protocols and procedures to include the needs of people with disabilities in cases where physical examinations are performed following a sexual or physical assault.

Bill Status:
According to the CA State Council on Developmental Disabilities, the bill passed the Assembly Human Services and Public Safety Committees this spring, both by hefty margins. At this time, an Appropriations Hearing is scheduled for next Thursday, May 22nd in the State Assembly. Stay tuned for further updates, and for more information on abuse of women with disabilities, visit The Center for Research on Women with Disabilities (CROWD).